Legal Opinion

Florida Insurance Guaranty Association, Inc. v. Lustre

District Court of Appeal of Florida

Decided April 24, 2015No. 2D13-5780PublishedCited by 3 opinions

1Opinion of the Court

WALLACE, Judge.

Florida Insurance Guaranty Association, Inc. (FIGA), appeals a nonfinal order compelling appraisal concerning the repair of damages caused by a sinkhole to a residence owned by Oscar Lustre and Dalisay Lustre (the Lustres). Based on this court’s recent decision in Florida Insurance Guaranty Ass’n v. de la Fuente, 158 So.3d 675 (Fla. 2d DCA 2015), we conclude that the circuit court erred in determining that the Lustres’were entitled to appraisal of their claim. In addition, we conclude that the Lustres’ activities in litigating their claim amounted to a waiver of appraisal. For…

2Cases cited12 opinions

  1. West Florida Regional Medical Center, Inc. v. SeeSupreme Court of Florida · 2012
  2. Florida Insurance Guaranty Ass'n v. BrancoDistrict Court of Appeal of Florida · 2014
  3. Florida Insurance Guaranty Ass'n v. CastillaDistrict Court of Appeal of Florida · 2009
  4. The Cincinnati Insurance Company v. Cannon Ranch Partners, Inc.District Court of Appeal of Florida · 2014
  5. Gray Mart, Inc. v. Fireman's Fund Ins.District Court of Appeal of Florida · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Brindise v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
  2. Kennedy v. First Protective Ins. Co.District Court of Appeal of Florida · 2019
  3. Brindise v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016

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